Code of Criminal Procedure · §1701.651

Officer Duties

Officer Duties is covered under §1701.651 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Body-worn camera retention governed by §1701.651–.661; Default minimum retention by policy (often 90 days); Extended retention for use-of-force, complaint, or pending case; Release subject to PIA and ongoing-investigation exceptions.

Elements you must prove

  • Body-worn camera retention governed by §1701.651–.661
  • Default minimum retention by policy (often 90 days)
  • Extended retention for use-of-force, complaint, or pending case
  • Release subject to PIA and ongoing-investigation exceptions

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Worked examples

Worked example 1

Under Tex. Occ. Code §1701.655 / agency policy, body-worn camera recordings of an incident involving the use of deadly force are typically:

  1. Released same-day to the public always
  2. Retained for at least the period required by statute and agency policy (commonly 90 days at minimum, longer for incidents involving use of force, complaints, or pending investigations) — release governed by Public Information Act and ongoing-investigation exceptions Correct
  3. Destroyed within 24 hours
  4. Held by the District Attorney only
Why: Retention periods are set by statute and agency policy. Recordings related to use-of-force incidents, complaints, or ongoing investigations have extended retention. Release of recordings is subject to the Public Information Act with criminal-investigation exceptions.
Statute: Tex. Occ. Code §1701.651–1701.661